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#Lemon Law Information - Car Lemon

Think your Car is a Lemon? Read your State s lemon law to see how your State defines a Lemon, and whether your car and its repair history qualify.

Lemon Law Rights

Nearly all State Lemon Law Statutes are similar to the Federal Magnuson-Moss Warranty Act which makes breach of warranty a violation of federal law. All States have enacted their own Warranty Acts and many States have enacted specific Statutes that pertain to Automobile Warranties. If your car is not considered a lemon in your State, you do have other recourse.

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The defect does not have to substantially impair the vehicle s use, value, or safety to be considered a lemon. If the paint is peeling, the light switch came out when you pulled on it, the car makes funny noises but otherwise drives just fine, you may still have a lemon. But if you ve found 10 things you just don t like about your new car and none of them prevent you from driving it, then you do not have a Lemon.

If the brakes don t work, the car won t go into reverse gear, the darn thing won t start on cold mornings or hot afternoons, the rear door opens all by itself, the driver s seat wobbles, or the car chugs along at 30 mph when it should be going 50 mph, then Yes, you may have a Lemon .  Providing you ve given the manufacturer an opportunity to repair the defect.

In most States, 10 different defects during the Warranty Period does not brand the car as a Lemon, but a repair history like that would likely qualify as a lemon under the federal lemon law. In some States, a single defect that might cause Serious Injury makes your car a Lemon if the manufacturer cannot fix the problem within 1 attempt.

You may have a Lemon, but if you do nothing to protect your Consumer Rights, such as documenting your Repairs and allowing the Manufacturer a chance to fix the problem(s), you lose all rights under the various State Warranty Acts.

The answer depends upon which State you Purchased or Registered your car in. In some States and with proper documentation, you simply file a Complaint. In other States, you will need to hire an Attorney. An experienced lemon law attorney will not charge you. and you can connect with some of those at this site.

Only about half of the States allow you to recover Attorney Fees. If your Attorney sues under the Magnuson-Moss Warranty Act, you will be awarded Attorney Fees if you win. Note that an Attorney s Fee is based upon actual time expended rather than being tied to any percentage of the recovery.

It depends upon which State the car was purchased or leased in. Some states include used and leased cars in their Lemon Law statutes. Some states have separate laws for used vehicles. Some states provide protection only for new cars. In some states, even the Attorney General is unable to tell you if a Leased vehicle is covered due to the way the law is phrased and you will be referred to an Attorney for clarification of the law. See the Lemon Law Summary and the State Statutes for your particular State to determine what is covered.

Are there any other laws to know about when purchasing a New Car or a Used Car?

You won t know if you have a lemon until sometime after you drive off the lot. But what about your rights before, during and after you buy that new or used car with regard to the car buying process itself? Several important federal laws, including laws for Truth in Lending, Fair Credit Reporting, Electronic Fund Transfers and Equal Credit Opportunities, protect you at all stages of the car buying process. Following these car buying tips will allow you to know whether any of these laws were violated with regard to your purchase and what to do it they were.

Most States cover the drive train portion of Motor Homes (that part which is not used for dwelling purposes). Motorcycles are generally not covered but a few states do include them in their lemon law statutes.

If you have a defective Motorcycle, Motor Home, used car, leased car, or a car used for business purposes and your State Lemon Law does not cover these vehicles, you still have other recourses such as the Uniform Commercial Code and the Federal Magnuson-Moss Warranty Act (providing you were given a written warranty). Consult with an Attorney that specializes in this area.